The Southwestern Historical Quarterly, Volume 53, July 1949 - April, 1950 Page: 14
538 p. : ill., maps ; 23 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Southwestern Historical Quarterly
boundary as defined for the territory of Orleans in 1804 fixed
the Louisiana boundary along the middle of the river as it
existed in 1804. With the establishment of the international line
by the Treaty of 1819, effective 1821, between the sovereign
powers concerned (a well-established rule by which boundaries
between countries are fixed), the western half of the Sabine
River, from the middle of the river as it existed in 1821, became
United States territory. The western bank line of this strip was
perpetuated by subsequent international agreements, and be-
came the eastern boundary of Texas upon admission to statehood.
In accordance with the recognized rule that a state-territorial
boundary is determined by joint action of Congress and the
state concerned, the Federal Act of July 5, 1848, acted upon by
the Texas legislature, November 24, 1849, extended the eastern
boundary of Texas to the middle of the Sabine.
This mid-river boundary has been subject at all times to the
universally recognized rules concerning the effect that the nat-
ural processes of erosion and accretion, and avulsion have on
river boundaries; namely, that when there are changes in river
features due to the gradual processes of erosion and accretion,
the boundary follows the varying course of the river; but when
there is an avulsion by which a river suddenly leaves its old bed
and cuts a new channel, the boundary, instead of following the
river, remains in the old channel.
A departmental opinion, Office of the Attorney General of
Texas, approved on May 9, 1946, reads in part as follows:
It is our opinion that the western boundary of Louisiana, insofar
as it relates to the Sabine River, is the middle of said river as it
existed in 1804, subject to whatever changes that may have occurred
by reason of erosion and accretion, and that the eastern boundary
of Texas, insofar as it relates to the Sabine River, is the middle of
said river as it existed in 1821, subject to whatever changes that may
have occurred by reason of erosion and accretion.
In the absence of proof to the contrary, it would be presumed that
the river's location in 1804, in 1946, and in all intervening years was
in the same place. Hence, until otherwise shown, the middle of said
River as it now exists constitutes the common line between said
States.9
8olbid.
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas State Historical Association. The Southwestern Historical Quarterly, Volume 53, July 1949 - April, 1950, periodical, 1950; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101126/m1/32/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.